1. The case of complainant is that he availed finance from the O.Ps to purchase one Mahindra Pick Up Bolero for earning his livelihood by means of self employment and paid the finance installments regularly.  It is submitted that due to theft of the alleged vehicle, as per direction of Hon’ble SDJM, Malkangiri one complaint case was registered vide no. 62 of 2020 U/s 457/380/34 IPC and the said vehicle was found under the custody and jurisdiction of Dantewada P.S.It is alleged that due to theft of his vehicle, he lost his income and became unemployed, whereas the O.Ps are pressurizing hard to recover the financial dues, which caused severe mental agony in this pandemic situation and with other allegations, he filed this case with a prayer to direct O.Ps not to pressurize hard for recover the finance amount till release of the vehicle.

2. O.Ps appeared through their Ld. Counsel who filed their counter version admitting the finance provided against the alleged vehicle but denied the allegations of complainant contending that the complainant is a chronic defaulter in payment of monthly installments and several cheques issued by the complainant got bounced due to insufficient funds in his account.  Further contended that the alleged vehicle is a commercial vehicle and complainant used the same commercially and have disputed the date of theft and date of FIR as well as the seizing of vehicle at Dantewada P.S. and also contended that only to escape from his liabilities, complainant cunningly filed the present case and with other contentions, showing their no liabilities, they prayed for dismiss.

3. Parties have filed their respective documents in support of their submissions.   It is ascertained that since the date of filing of the present case, complainant is totally absent.  As such heard only from the A/R from the O.Ps.  Perused the case record and material documents available therein.

4. It is an admitted fact that the complainant has availed finance facility from the O.Ps against the alleged vehicle.  The allegations of complainant is that due to theft of his vehicle, he lost his income and became unemployed, whereas the O.Ps are pressurizing hard to recover the loan installment dues from him, hence he filed this case seeking relief.  On the other hand the contention of O.Ps is that complainant is a chronic defaulter in payment of installments and several cheques issued by him got bounced and have disputed the date of theft and date of FIR as well as the seizing of vehicle at Dantewada P.S. and also contended that only to escape from his liabilities, complainant cunningly filed the present case.

5. Since the complainant is totally absent throughout the proceeding, we heard the arguments from the A/R for the O.Ps at length.

6. We have gone through the documents filed by the parties and ascertained that complainant has availed finance from the O.Ps.   Complainant has filed the documents like 

1. Copy of loan agreement
2. Copy of notices issued by O.Ps
3. Copy of fitness certificate of the vehicle
4. Copy of pollution certificate of the vehicle.
5. Copy of R.C. Book
6. Copy of insurance certificate
7. Copy of Formal F.I.R. dated 30.01.2020
8. Copy of F.I.R. dated 19.03.2020
9. Copy of order passed by Hon’ble SDJM, Malkangiri
10. Copy of complaint petition u/s 200 Cr.P.C.
11. Copy of order issued by Hon’ble Spl. Judge, NDPS Act, South Bastar, Dantewada, C.G.

Whereas O.Ps have filed the documents like  

1. Copy of statement of account of finance
2. Certified copy in R.P. No. 9/2021 of Hon’ble State Commission, Odisha.

7. From the above documents filed by the complainant and the counter version of the O.Ps, it is ascertained that on 30.01.2020 complainant made a written complaint to the Orkel P.S stating that his vehicle OD-10-D-1112 was theft on 27.01.2020, whereas F.I.R. was lodged on dated 19.03.2020 after receiving the order from the Hon’ble SDJM, Malkangiri in ICC No. 04/2020 and also filed the copy of order issued by the Hon’ble Spl. Judge, NDPS Act, South Bastar, Dantewada, C.G. from which it is ascertained that on 02.02.2020 the alleged vehicle was seized by the Dantewada Police on account of transporting the Ganja and the driver was escaped from the spot during detaining by the Dantewada P.S.From the above documents it is clearly evident that on 02.02.2020 the alleged vehicle was used for transporting the contravening articles which is strictly prohibited, which was detained by the Dantewada Police, whereas the formal F.I.R. was already lodged on 30.01.2020 regarding theft of the alleged vehicle.Hence we do not think that on the date of theft i.e. on 27.01.2020 the vehicle was used for transporting the Ganja.Further we would like to make it clear that the criminal activity does not come under the purview of C.P.Act and also the criminal case already initiated to that effect.

8. Further the A/R for O.Ps argued that the complainant is chronic defaulter in payment of installment dues against the finance provided by them.  In this context, he has drawn our attention towards the statement of account of the finance provided against the alleged vehicle.  We have gone through the said documents and ascertained that on many occasions, the cheques issued by the complainant towards installment dues, were got bounced due to insufficient funds in his account, for which penalty / overdue charge is also imposed.  From the said document, it is clearly seen that the complainant is irregular in payment of installment dues of finance, hence the submission of complainant in his complaint petition regarding regular payment of installment dues is totally false and it seems that complainant is a professional defaulter.  And we are agree with the view of O.Ps that the complainant only to escape from his liability, intentionally filed the present case to obstruct the O.Ps invoking the provisions of C.P.Act, which is not justified and in our view, the present complaint petition filed by the complainant is nothing but only a vexatious complaint only to harass the O.Ps, which was not supposed to be done.Hence complainant is herewith warned strictly not to follow such type of activity which may cause loss to other.
   
   Further it is seen that since the day of filing of the present case, complainant is absent to make out any contradiction. Hence the counter version and the documents filed by the O.Ps remained unchallenged. Since no contradictions were made out, we have no hesitation to disbelieve the version of O.Ps.In this connection we have fortified with the verdicts of Hon’ble National Commission in the case between Anuj Agarwal Vrs United India Insurance Co. Ltd., wherein Honble National Commission has held that “There is no illegality or jurisdictional error where an order is passed on written version and document of OP unchallenged by the complainant.”

9. Hence we do not think that the complainant has come to use with clean hand with proper evidence to prove his submissions.  Therefore, we do not think that the present case is a fit case for proceeding.  As such, we dismiss the case having no merits. 

                                                                                                                  ORDER

Considering the fact and circumstances of the case, the present case is dismissed against the O.Ps having no merit.  No order as to costs.  Parties to bear their own costs.

Pronounced in the open Court on this the 27^th day July, 2021.  Issue free copies to the parties concerned.